Healthcare providers are held to a high standard are supposed to help others with reasonable care. When a doctor, nurse, technician or hospital staff fails to live up to the standard, they could be held liable for damages. If you or a loved one sustained severe injuries due to the negligence of a medical professional, a compassionate attorney at A.W. Smith Law Firm, P.C. could help. A Mexico, Missouri medical malpractice lawyer could help assess the merits of your claim and determine whether you may be eligible for compensation. A zealous personal injury attorney could help injured patients recover compensation for medical bills, time missed from your job, pain, suffering, and other losses.
Misdiagnoses, surgical mistakes, and delayed diagnosis are common examples that could form the underlying basis of a Mexico, MO medical malpractice lawsuit. To establish the existence of medical malpractice, a Mexico, Missouri attorney would be required to prove the following elements on behalf of an injured person:
As stated in Missouri Revised Statutes §538.225, when a plaintiff files a lawsuit alleging medical malpractice, they must present an affidavit affirming that they have secured the written opinion of a qualified medical professional. The affidavit must declare the medical expert’s opinion that the defendant failed to render the care that a reasonably careful medical professional would have in a similar scenario and that the defendant’s negligence resulted in harm to the plaintiff.
The law requires this affidavit to be filed no later than 90 days from the time a suit is filed. In certain cases, an extension could be accorded. If a plaintiff does not file the accompanying affidavit by the deadline, the court could dismiss their case.
Mo. Rev. Stat. §516.105 provides a two-year window from the date of the alleged malpractice to file a civil lawsuit claiming compensation. When the malpractice involves a medical professional leaving a foreign object, such as a medical instrument, inside the victim, or failing to tell the individual their medical test results, the two-year statutory clock would not start ticking until the date the error was discovered, or reasonably could have been discovered.
Missouri law also establishes a statute of repose stating that regardless of the type of medical error made, no lawsuit claiming damages may be filed more than ten years out from the date of the alleged malpractice.
The law also makes an exception for minor children injured due to medical malpractice. As such, if a minor is hurt due to a medical provider’s negligence, the law would provide them until their 20th birthday to file suit. However, if any plaintiff fails to file suit before the statutory deadline runs out, the court could dismiss their case. This makes it imperative that a medical malpractice attorney in Mexico is consulted who could ensure decisive legal action is taken within the respective time limits.
Medical malpractice lawsuits are extremely complex and may be difficult to prove without the help of a seasoned Mexico, Missouri medical malpractice lawyer. If a healthcare provider’s negligence caused you harm, you could be owed compensation for your damages.
Call today to discuss your case and legal options.